My wife is still living with me in Delhi, moreover she is living with me continuously for the past 10+ years but still she has filed false maintenance case against me and questions are per below. My marriage was happened in 2011 and since 2011 i myself is living with my wife and both of the minor son in Delhi whereas my parents live in Haryana. 1 Whether my wife can file maintenance case against me U/S 125 when she is presently living with me. 2 What course of remedy i have to defend my case u/s 125 3 What else I can do to save myself from this false case. 4 My wife has mentioned domestic violence and cruelty against me in her petition apart from this has mentioned that she is living with her parents along with my both of the minor sons whereas this is a total lie and all her charges are false and my wife and both of my minor sons are living with me even till today. 5 It is worth noting that my wife has never made any complained earlier against me and my family and her first ever complained in women cell/actually direct to SP was done in June,2021 6 My wife's all allegations are wrong since nothing sort of any type of cruelty was ever done against her and that's why no complained by her was ever done earlier. 7 My wife in turn is used to abuse me and my family continuously in front of me for the past many years and especially for the past 1 and half years. 8 My wife had done physical assault against me in October,2021 and due to that my right foot's toe and left foot's small finger was injured and i had gone through MLC(Medical Examination) but still no action had been taken by Delhi Police against my wife and that's why my complained is still open but without any action. 9 In December, 2021 my wife had tried to cut name of my both of the minor sons- from their school and even had not allowed them to give their online Term 2 exams and this was the cruelty against them and me as a father. 10 Can i file Divorce case against my wife in Family Court or it can't be filed as of now or should I wait till maintenance case is settled since if i file the divorce case then my wife can prove that dispute is going on between us and can make this as a point to ask maintenance u/s 125 11 My wife had in total given 4 complained to women cell in different cities and states, i.e. total in two in her parental home in Haryana, one in Delhi and one in my hometown in Haryana and then my wife had taken back her first 3 women cell complained on her own and fourth one is pending and is under investigation since December, 2021 12 What defence i have with me to prove the cruelty done by my wife against me and my family members since my wife and their other family members are continuously abusing us through phone calls and WhatsApp messages including audio messages. 13 Whether 4 women cell complained are itself a cruelty apart from false maintenance case. 14 My first hearing is on 21/02 and should i file WS on this day or can file later but within 30 days
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Lawyers are available now to answer your questions.
1. If you are maintaining her then she can't.
2. That you maintain her so application may be rejected
3. Oppose it
8. You can file criminal complaint against her
9. You can take a court order against the said act
10. Yes
12.you can prove it with evidence on record.
13. If it's false then yes.
14. Within 30 days and not later than 120 days
Reply should be filed within 30 days from the date of receipt of summon.
Take the plea that wife is not entitled to any maintenance as she is living with you and you are maintains her
2) take the plea that wife has committed perjury by making false statements on oath that she is staying wi5 her parents
3) file for divorce on grounds of mental cruelty
4) record phone calls received from wife family
5) rely upon what’s messages to prove mental cruelty
6) file your written statement at the earliest
Dear Client.
For further, detailing you must hire an advocate.
Thank you
1. She can file maintenance case even though she is living together with you, however you can deny her allegations and state that you are taking care of all her needs including household expenses and her own personal expenses and get her case dismissed.
2. Read the above answer.
3. You explain your position and the facts of the married life in the counter to her petition.
4. You can mention it in your counter.
5. That complaint would be sufficient for her to escalate other cases against you.
6. You can challenge the same in the trial proceedings.
8. You can pursue your complaint through higher police officer for remedy.
10. you can file a divorce case against her on the grounds of cruelty mentioning all the acts of cruelty unleashed by her in the past as pleadings in the divorce petition.
. 12. The acts of cruelty have taken place within four walls hence you may not be able to provide any evidence for that, but you can file the divorce case on the grounds of cruelty mentioning all the details of the acts of cruelty giving the date wise incidents.
13. You can mention them as acts of cruelty too.
14. You can file it either now or later also as per your convenience.
1. Yes, she can file maintenance case for seeking maintenance from you , if she claim that you are not paying her any amount for her maintenance etc. , however she will have to prove the same as then how she is living with her husband under one roof.
2. You can reply that you taking care of her and due to why she is living with you and she has filed this case for only harassing you .
3. as above , mention in your reply
4. You can file an application before the same court under section 340 crpc for lodging FIR on the ground of giving false statement to the court .
5. You can produce the evidence against her said cruelty before the court and regular filing of compliant against the husband and in-laws amounts to cruelty.
6. Deny her allegation in your reply on the ground that she is living with you under one roof and you ae taking care of her and children and hence she deserve for no maintenance
7. You can file a compliant against her for her cruelty , and further you mother being a woman can also file a compliant under the provision of DV Act against her harassment.
8. If action taking place then you an file compliant before the higher police official and also before the magistrate for lodging an FIR .
9. You can produce the proof of her acts before the court with your reply , after giving a compliant to the school.
10. As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- Hence, you can file divorce case on the ground of cruelty .
You can contact me, if further suggestion needed.
1. It appears that your wife has filed the maintenance petition giving false statement that she ius staying elsewhere when she is staying with you.
2. Contest the said case fittingly submitting evidence that she has not come with clean hand and has made false statement under oath for which her said petition should be dismissed.
3. You should submit evidence that she is staying with you at least on the day of her filing the sai9d application. It could be audio/video recordings also.
4. There after you can file Divorce Suit on the ground of cruelty and filing false case can well be considered as cruelty in addition to he other acts of cruelty.
1 My wife has made four false complaints in women cell in different cities and states against me, 2 in her father's town in Haryana, third one in Delhi in CAW cell and fourth one in my hometown in Haryana, whereas myself, my wife and my both of the minor sons live with me in Delhi Out of these 4 complaints my wife has taken back three complaints on her own and fourth one is pending to be closed in her father's hometown in Haryana 2 My wife has done physical assault against me in my Delhi residence and MLC for that was already done in October, 2021 but still police has taken no action but same js still open. 3 I have proofs of WhatsApp messages, audio recordings, etc. of abusive messages, threat messages and phone calls of my wife and their father, brother and other family members. Question- Should i mention these incidents as a defence in my WS against my wife's maintenance case u/s 125 and whether this will help me in defending my case considering my wife has mentioned full of lies of domestic violence, physical assault, mental cruelty against me, my father and my both of the sisters in her maintenance case u/s 125 I want assistance to defend my case in a very good way.
You should in your reply deny all allegations made by wife
state your side of story . Mention all the incidents
rely upon what’s messages and audio recordings
You can defend your case on the basis of above evidence before court. It's good evidence and you can counter the case effectively
- Yes, you can mention these happenings in your reply for your defense in the case
You can contact me in DELHI , if further suggestion needed.
1. In your wife's maintenance case, your primary argument will be that she is residing with you and has given false statement that she is staying elsewhere and her petition should be dismissed for not coming before the Court with clean hand.
2. If you know the password of your wife's phone no. then get the track record of her location for the entire period from Google which will be an excellent evidence to prove that she has given false statement.
You can make a mention of all those things/acts done by your wife against you which have caused you grievance and it is a novel way of expressing your feelings stating that she has not approached the court with clean hands.
You can seek repudiation of her maintenance claim on thew basis of reliable defence which would be legally maintainable.
As my wife has filed false maintenance case against me and in her plaint she has mentioned she is living with my both of the children in her parental home whereas she is continuously living with me only with my both of the children at my rented accommodation in Delhi which is my place of work also, so need help per below. 1 Whether i can make a complained to nearest police station in Delhi against my wife's false maintenance case since she is still living with me only with my both of the children since I want to make legal document proof(Delhi Police's report basis my complained) which I can produce in family court to show and to show my wife's perjury and dismissal of her case. 2 My wife is continuously abusing me and doing physical violence/assault as well and whether i should complain of this to police in order to make legal document proof of my wife's presence in Delhi with me and whether this can go against me as well since it will prove domestic violence and domestic dispute between my wife and me and whether this will benefit my wife in family court to take favourable maintenance order in her favour whether interim or permanent order or both. 3 My wife is threatening me that she will take my both of the children away from me by the end of this March month and will go to her parental home, so should I make an advance complained to SDM or DM of my area in order to stop her to take my children away from me. 4 Another is i am assuming that in order to make her false Maintenance case strong and to take maintenance both for her and for my both of the children she will definitely try to take my both of the children away from me temporarily or permanently. 5 Can i take any order from court that my wife cannot take my children from me and cannot take them at her parental home 6 Further can i take any order from court for non interference of her parents and other family members in my personal matters.
In your reply to maintenance application take the plea that wife is residing with you and has made false statements on oath
2) take out application under section 340 of cr PC for perjury
3) complain to local police station about wife abusive behaviour and her physically assaulting you
4) you cannot stop wife from visiting her parents with your children
Dear Client,
Yes. You can file an application under Section 227 stating that the 498A case filled by your wife is false claim of maintenance and you may complain before the court about the threats and extortions you are facing from your wife and you may also seek an order for joint custody of the children.
The Supreme Court after receiving a lot of false complaints by the wives against their husbands has settled the law related to cruelty against the Husband. In Mrs. Deepalakshmi Saehia Zingade v. Sachi Rameshrao Zingadeṅ, the wife filed a complaint against her husband stating that he has an extra-marital affair which later was proved. Court considered such act of wife cruelty against her husband. Similarly, in Anil Bharadwaj v. Nimlesh Bharadwaj, the court held that the refusal of the wife to have sexual intercourse with the husband amounts to cruelty against the husband. Other grounds of cruelty against the husband are-
So if any other such grounds are prevalent in your case, you may take these as points of defence.
Thanks & Regards
1. The police will not entertain any such complaint.
You have to prove before court that she is residing in the same house where you reside, this you can establish at the time of cross examination.
2. If she is assaulting you physically then you can give a complaint to the police about this and seek protection. In the complaint you can mention the address of her current residence from where she unleashes all such physical assaults against you.
3. No such complaint will be entertained by any authority, don't waste your time by such misguided opinion.
If she takes away the children, either you stop her physically or file a child custody case to bring them back.
4,. The status of her at the time of filing the case will prevail and not the subsequent developments.
5. No.
6. If they are creating nuisance against you, a complaint with the police will be maintainable against them for such acts.
1. First it should be proved before the Court that it is a false maintenance case. Thereafter you can file a police complaint u/s209 of IPC against her for lodging false claim against you or lodge a police complaint alleging that she has filed the false case for causing damage to you though the Court might not take it very seriously.
2. Audio/video record her such abuses and then lodge a police complaint after collecting a medical report of your being hurt due to her assault. If the police does not act, file a Writ Petition before the High Court against police inaction praying for a direction upon police to register FIR, investigate and act as per law vbased on your complaint.
3,4 & 5. File a child custody case praying for an injunction upon her restraining her from taking the children away from your house.
6. You shall have to lodge a police complaint against your in-laws if they do any illegal act against you and then take the same steps as detailed in item no. 3,4 & 5.
1 to 6 you can do all of the above ans is yes
1 On 05/04/2022 My wife has taken away my both of the minor sons aged 9 years and 7 years from my Delhi residence to her parental home in Haryana and same was done by her in Delhi Police's presence by calling no. 112 2 Basis above can i file sole child custody case in Delhi's Family Court and what is correct jurisdiction in this case. 3 My wife had filed false maintenance case against me in December, 2021 and in that she has mentioned her address along with my both of the minor children as of Haryana, so whether my wife was right to take away my both of the children from my Delhi residence considering my wife is living with me continuously since 11 years and since December, 2021 when my wife had filed false maintenance case against me since as per her court case her address is of Harayana whereas in actual she is living with me in Delhi. Also advise whether Delhi police was wrong in allowing my wife to take away my both of the children from my Delhi residence when as per Maintenance case filed under U/S 125 her address is as mentioned as of Haryana and whether this is contempt of court on behalf of Delhi Police. 4 If my wife come back to my Delhi residence along with my both of the children later on and then can i still file sole custody case since basis cruelty done by her against my both of the sons ans against me since my wife earlier in December, 2021 has written to school to cut off their names from School(School is in Delhi) and even now my both of the sons school are going on and had attended 2 days their school of their new session but again my wife has taken away them to their parental home in Haryana and due to this their school education is getting hampered and is against their RIGHT TO EDUCATION. 5 After filing child custody case in Delhi can i ask court to give interim order to my wife to not to take away them in Haryana at her parental home in order to save their educationl rights and till final decision does not come out.
You can file petition seeking sole custody of your children in Delhi as children are habitual residents of Delhi
2) welfare of children is paramount consideration
3) you can seek stay order restraining wife from taking children to Haryana
Dear Client,
Section 26 of the Hindu Marriage Act authorizes courts to pass interim orders in any proceeding under the Act with respect to custody, maintenance and education of minor children, in consonance with their wishes. So you can file for interim order under this section.
Thank You.
1. If you were living together with her in Delhi, you can file the child custody case in Delhi also.
2. Delhi police have got no rights to stop your wife from taking your children with her to Haryana, hence there is no contempt of court act done by Delhi police.
If you feel that she has filed the false maintenance case, then you can challenge the same on the basis of the points that you rely upon to prove it as false case.
4. If their education is hampered then you can include this also as one of the reasons in the child custody case.
5. You can file an application to restrain her from taking away the children which will be deterred to the interest of the children.
1 to 3. You can file a police complaint alleging kidnap of your children by her parents from your place when your wife is staying with you.
4. If your wife stays with you then you need not file child custody case. File police case for kidnap of your child by her parents.
5. If your children stays with you then no child custody case stands. You can file a kidnaping case against your parents and wife and along with that can file an application u/o 39 r 1 & 2 praying for an order restraining your wife and her parents from taking away your children away from your house.
5. Yes you can do that including in prayer for the same
Family court has ordered interim maintenance order to me u/s 125 in February. 1 I want to appeal against family courts order in high court or sessions court, please suggest which court should i approach ? 2 Whether High court/Sessions court will give stay order on family courts interim maintenance order automatically if they accept my appeal ? 3 I was jobless at the time of filing of Assets & Liabilities affidavit in family court but now i am working/earning monthly income, whether this will adversely affect my appeal in high court against interim maintenance order of family court and whether high court/sessions court judge will ask me again about my job status or what. 4 My wife was living with me at Delhi on the date of case filing whereas case was filed in Haryana, whether my wife's maintenance case u/s 125 can be dismissed/challenged on jurisdictional issue in high court in my appeal. Further whether family court has made an error for not appreciating my proof given for my wife's presence with me at my Delhi's residence on the date of case filing, whether this can be a ground for appeal. 5 My wife has not mentioned in her appeal that i have asked her to leave my Delhi's residence, whether family court has made an error while ignoring this fact u/s 124(4) and giving maintenance order against me. 6 My wife was living with me from the date of case filing to till next five months but maintenance order is ordered from the date of case filing, whether this is not the ground for appeal for why i will pay expenses twice during this period. 7 My wife had done physical assault against me in 2021 and an MLC was done but complaint was closed by Delhi Police in 2022 but i had again complaint to Commissioner of Delhi Police in 2023, complaint is re-opened now but I am not much hopeful that police will take any action, should i approach Court directly for filing of FIR against my wife since my wife is also trying to file 498A case against me and my family members
1. High court.
2. No, you would be asked to deposit 50% of the arrears amount.
3. If the court has decided based on the status then, the appellate court will not ask for employment details
4. No, once the case has been decided on merits then you can prefer appeal only on aggrieved part of the judgment.
5. No guesses can be made without seeing the judgment.
6. No. The maintenance order shall be passed from the date of application alone.
7. You have already filed a criminal complaint. you can pursue that itself
Yes you can file criminal and civil cases against her only after you get acquittal or your cases are quashed by HC
File appeal in sessions court against order
2) you have to pay all arrears before sessions court would consider your appeal
3)court would inquire about your latest employment status , your income
4) it cannot be challenged on jurisdiction issue as wife must be having some address proof of Haryana
5) order directing maintenance is from date of application
6) approach court directly by filing private complaint against wife
1. File before the Sessions Court
2. No order will be passed automatically. You shall have to add your prayer for stay in your Appeal.
3. In appeal you shall have to mention about your inability to pay the ordered amount & at that time you shall have to disclose your present employment status.
4. & 6. You can try that for which you shall have to produce irrefutable evidence that at that time she was not staying at Haryana but with you at Delhi.
5. Her application is required to be seen for advising you properly in this regard.
7.You can file a Writ Petition before the High Court against police inaction praying for a direction upon the police to register FIR based on your complaint, investigate and act as per law.
You can appeal against the family court's order in the High Court or Sessions Court. It depends on the specific jurisdiction of your case and the relevant laws in your area. You should consult with a lawyer to determine which court is appropriate for your appeal.
The High Court or Sessions Court may grant a stay order on the family court's interim maintenance order, but it is not automatic. The court will consider various factors, such as the merits of your appeal, the urgency of the situation, and the potential harm to you or your wife.
Your current job status may affect your appeal in the High Court or Sessions Court. If you were jobless at the time of filing the Assets & Liabilities affidavit, the court may have considered your financial situation and ordered interim maintenance accordingly. However, if you are now working and earning a monthly income, the court may consider this new information and adjust the maintenance amount accordingly.
The jurisdictional issue regarding your wife's maintenance case under Section 125 may be challenged in your appeal. If your wife was living with you in Delhi at the time of the case filing, you may argue that the family court in Haryana did not have jurisdiction over the case. However, it depends on the specific facts and circumstances of your case, and you should consult with a lawyer for advice.
If your wife did not mention that you asked her to leave your Delhi residence, you may argue that the family court did not consider all relevant facts under Section 124(4). However, you should consult with a lawyer to determine if this is a valid ground for appeal and how to present it in court.
If the maintenance order is backdated to the date of the case filing, you may argue that it is not fair for you to pay expenses twice during the period when your wife was living with you. However, the court may have considered other factors when making the order, such as your financial situation, and you should consult with a lawyer to determine if this is a valid ground for appeal.
If you believe that your wife has committed a criminal offense against you, such as physical assault, you can file a police complaint or FIR. You can also approach the court directly for relief, such as a restraining order or protection order. However, you should consult with a lawyer to determine the best course of action based on the specific facts and circumstances of your case.